Do you have a 401(k) plan at work? Or did you have one at your prior job? If so, you may have claims against the plan and your employer under ERISA. This article explains how these claims have brought down costs in many plans over the past few years. Most of these lawsuits have been against very large companies and plans. If you work for a mid-sized company and have concerns about your 401(k), call for a free consultation at 678-242-5297.
I am pleased to announce that I have been admitted to the Florida Bar and will be accepting Florida clients, specifically employment law matters (state and Federal) and employee benefit matters (ERISA and non-ERISA).
Please call for a free consultation at 678-242-5297.
Today I appeared on Business Radio X – a local online radio show that spotlights local businesses. I talked about wage and hour law, independent contractor vs. employee classification and how small businesses can safeguard themselves against problems with these issues.
I was quoted in Creative Loafing:
Settlement agreements usually include a confidentiality clause limiting who the plaintiff can inform about the agreement. This is usually limited to attorneys, tax advisors, and spouses. However, many people probably share the news with other family members. Unfortunately for one plaintiff, this article illustrates the pitfalls of violating the confidentiality clause.
I represent 110 adult entertainers who sued a local strip club. The club classified them as independent contractors, but the judge just ruled that they are in fact employees, which makes them subject to wage and hour laws, including minimum wage and overtime. The club paid them nothing and charged them fines and fees for the privilege of coming to work.
Here’s an article in the Atlanta Journal Constitution:
Interesting article about how to complaint about your job without getting fired. I always advise clients to include discrimination or whistleblower language in workplace complaints to Human Resources or management.
This article and the study it discusses gives an excellent illustration of how difficult it is to get a discrimination case to a jury in Federal court here in Georgia.
The study showed that 100% of racial harassment cases brought by workers in the Northern District of Georgia in 2011 and 2012 were dismissed by judges prior to reaching trial. Only one sexual harassment case made it through summary judgment and survived to reach trial during the same period. This behavior by federal judges is having a chilling effect on both plaintiffs and their attorneys, who generally work on a contingency fee basis.
This week, a judge in the US District Court for the Northern District of Georgia granted conditional certification in my clients’ case. In the case, we filed suit on behalf of a class of exotic dancers accusing a strip club of misclassifying and failing to pay its entertainers minimum wage. The court ruled that we had shown that my clients and their co-workers all faced the same alleged wage and hour violations.
The court ordered the club to provide us with the contact information for all the entertainers who worked at the club during the three years predating the order so they could be notified about the suit and enabled to join. The proposed class members will then have 60 days to opt in. As of now, 13 additional plaintiffs have already opted in to the case.